Anonymous
14 February 2018 at 09:49
I filled petition u/s 12-1-a HMA 1955 (Impotency of wife ) in 2016.. In Her W.S : she told that we lived under 1 roof for 23 days and we never done any physical relation between us.Even she told I was ready for physical relation and my husband never approached towards me
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I HAVE HER EVIDANCES
1st audio recording ---- conversation between us in which she told she had boyfriend so i need some time to adjust .
2nd audio recording ---- done after 25 days conversation between us in which she told me in aggressive way,,,dont touch me ,dont sleep near me ,i married you for money and property....
3rd audio recording ----done after 8 days between private marriage consellor and wife ,in which she told i willl not allow my husband to touch me for physical relation because husband doubt me,,and I dont have any boyfriend..
Q1) Does family court accept audio recording under Indian electronic evidance act .
Q2) In audio clip she willfully refuse for physical relation means its repugnance invincible aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3) Is it Possible to add alternative relief in my petition as told in “Pramila case”?
Q4) Does the conversation between husband and wife audio recording is accepted in court ?
Q5) Does the conversation between wife and private marriage counsellor is accepted in family court ?
Anonymous
14 February 2018 at 09:12
I filled petition u/s 12-1-a HMA 1955 (Impotency of wife ) in 2016.. In Her W.S : she told that we lived under 1 roof for 23 days and we never done any physical relation between us.Even she told I was ready for physical relation and my husband never approached towards me
--------------------------------------------------------------------------------------------------------------------
I HAVE HER EVIDANCES
1st audio recording ---- conversation between us in which she told she had boyfriend so i need some time to adjust .
2nd audio recording ---- done after 25 days conversation between us in which she told me in aggressive way,,,dont touch me ,dont sleep near me ,i married you for money and property....
3rd audio recording ----done after 8 days between private marriage consellor and wife ,in which she told i willl not allow my husband to touch me for physical relation because husband doubt me,,and I dont have any boyfriend..
4th evidance: After 7th month of marriage my wife declared in public on general affidavit that she is unmarried ..
My questions
Q1) Does family court accept audio recording under Indian electronic evidance act .
Q2) In audio clip she willfully refuse for physical relation means its repugnance aversion to sexual act means emotional impotncey so does the court can accept it ?
Q3) I hv submitted evidance affidavit of 12-1-a to judge ,now Can I add section 13-1(ia)(ib) as an alternative??,see this judgment:-. **M.J. Petition No.565/1992 was filed by the husband for nullity and alternatively for divorce. M.J. Petition No.272/1993 was filed by the wife for restitution of conjugal rights. Both the petitions were jointly heard and decided by a common judgment and order dated 31.10.1994 passed by the Family Judge, Pune. By the said common judgment, the marriage between the parties was annulled and also alternatively divorce was granted to the husband. The petition for restitution of conjugal rights preferred by the wife was dismissed.** for details check this site http://www.lawyerservices.in/Sou-Pramila-Shankar-Ghante-Versus-Shri-Shankar-Vishwanath-Ghante-2012-07-23
Q4) Is it possible to add alternative relief in same petition ? & does the family court accept recording between husband and wife ?
Read more at: http://www.lawyersclubindia.com/experts/ask_query.asp
Sanjeev
14 February 2018 at 09:04
Sir i am resident of delhi, I am 46 yers old after my mutual divorce in January I did court marriage and aryasamaj marriage from gaziabad with a 28 years old girl, my parents are agreed but girls parents are not agreed. Girl is still living with her parents she told them she want to marry me but they are not giving permission and they took mobile and laptop from her and not allowing to go out of home. What I can do to protect me and her. And how I can get my wife liagally with me. Can they file any false case against me or her. Please guide as soon as possible.
Thanks & regards
Anonymous
14 February 2018 at 08:55
This is mainly Promissory Note Case under Indian Negotiable Act. I filed case against LR's of a demised person. Opponent Advocate is available on record. I filed a petition for attachment of 10 properties. However, court attached 04 properties only. Aggrieved by this I approached High Court and the same was allowed by High Court with a direction to approach Lower Court. Accordingly, I filed another petition in the lower court and the same was allowed with a direction to serve notices to parties (2 sisters) and given time of 48 hours. Only one sister received notice and another sister avoiding the same. In mean time One of the property got auctioned by the Bank. Now, we filed another petition to serve notice to Advocate on record or paper publication and the same is delaying by the opponent advocate by giving counter as there is no such provision or judgement to serve notice to Advocate on record. Kindly provide me your valuable suggestion along with relevant rule position and referable judgments.Thanks
Amol
14 February 2018 at 08:34
Sir i have car who ragistered with icici insurence and my driver are driving .recently mere driver se accident ho gya tha oct 17 me jis se third party death ho gyi thi.abhi os par case chal raha he or third party ne jaha wo rehta mact clam lagaya he jisme.inssurancw waha ke office se letter behja he ki onhe ase koi accident ki jankari nahi thi or court se letter aya he ki party kobonsurence company ne clam se .mana kiya ki un ke yaha iski jankari nahi he or ab party ne mere oper 1st or 2nd inssuren company 3rd driver par case lagaya he for clam hamre vakil dwara salaha di gyi he ki ham pasi par nahi jayenge to koi baat nahi he q ki icici se insurence tha mujhw bataye kya kara jaye or icici ka letter jo jankari nahi hone ki baat kar raha he ispar kya kare jabki yaha ham gadi ko clam ke liye daal chuke the phone par osi vaakt clam ragister kar chuke the
rahul dehal
14 February 2018 at 07:59
Sir
I am a hindu married to a hindu girl in 2015 may month.
We couple have a baby boy of 9 month
Just after delivery my wife went to her maternal house never return back.
I persuaded her many times but she disagreed every time
I asked for mutual divorce she denied it too.
Just for my mental harassment.She is in govt job earning handsome as class 3 employee from 2011 in mp govt.
What should I do now .What is my right over my 9 month son.
Can a father be accused for kidnapping his own 9 month son.
Sir I am very depressed now a days.its very painful and humiliating act of her.
After my marriage she has been to her mother's house most of time.
My family tried and patched up every time then same happens again and again
Talha
14 February 2018 at 02:49
Hello sir,
Back in college we had a fight with juniors.they filed an Ragging complain and for was filed.we took the bail.after some months chargesheet was filed and as I read in in detail,the police investigation didn't mention anything as of ragging and it also accompanied college report which clearly mentions that there was no case of ragging but a small fight outside the college premises.
We got some further dates in the court and we did appear but complainant didn't appear and infact he has left the country for his further studies.
After a couple of appearance we kept getting the dates in the court but we didn't appear as we were busy in our work and job but the case is still pending.
I am planning to appear for upsc and other government exams.
My questions are:
1.how to get the case closed/Quash?
2.will this fir affect if I get selected for some post after the exam.
3.your suggestions to sort this matter.
sachin sharma
14 February 2018 at 02:24
Hi, One of my client is in Jail for the last 40 days as he is not making payment towards the ex-parte maintenance. Initially he did make some payment but as the ex parte maintenance amount is more than his monthly income, he is not in a position to pay it. Maintenance was decided in Jan 2016 and huge arrear is accumulating. Because of his pauper condition, legal aid counsel was assigned to him who didn't manage his case correctly. Revision too was dismissed by the High court as it was ordered to clear dues first. I have recently taken his case and me too a fresh advocate. I have planned to file a writ petition then SLP if writ too gets rejected. If anyone from this forum can guide me for the next course of action or if I m adopting a right way. I just want the ex-parte maintenance to be reduced and him to be out of prison.
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